2016 (2) TMI 402 - AT - Income Tax

Tribunal overturns Commissioner's decision under Section 263, upholds original assessment order.

M/s. Fazal Frozen Foods (Pvt.) Ltd. Versus Commissioner of Income-tax, Meerut.

The Tribunal found that the Commissioner of Income-tax's invocation of Section 263 was unwarranted as the Assessing Officer's assessment order was not ... Revision u/s 263 - as per CIT(A) AO has not examined the GP result of the assessee - Held that:- As find that in earlier years, the books of account of the assessee were accepted by the AO and so were the trading results. We find in the year under consideration, the assessee has shown GP rate of 7.04% whereas in the previous assessment year it was 6.42%, which has been accepted by the Department. We also find that pursuant to the impugned CIT order, the AO has passed the assessment order in pursuance to the 263 order of the CIT wherein the first direction in respect to verification of four major creditors were carried out and no addition was made by the AO while giving effect to the impugned order of the CIT. The only issue remaining in front of us is whether the rejection of books of account by the CIT can be done by exercising the revisional jurisdiction and make addition of ₹ 7,98,553/-. We find that as earlier stated that the audited books and balance sheet has been already test checked by the AO and found to be in order. Therefore, it cannot be called as a lack of enquiry by the AO. In the previous year’s also, the department has been accepting books of accounts of the assessee, therefore, without pointing out any defect in the books of accounts just because there are certain inflated nature of purchases on account of cash payment cannot be the basis for rejection of books of accounts u/s 145 of the Act and moreover GP rate was more than the previous year. So, we do find merit in the appeal of the assessee and accordingly, the impugned order passed by the ld. CIT is set aside and the assessment order framed by the AO is restored. - Decided in favour of assessee Issues Involved:1. Invocation of Section 263 of the Income Tax Act, 19612. Erroneous and prejudicial assessment order under Section 143(3)3. Verification of sundry creditors4. Disallowance of cash purchases and expenses5. Rejection of books of account under Section 145Detailed Analysis:1. Invocation of Section 263 of the Income Tax Act, 1961:The Commissioner of Income-tax (CIT) invoked Section 263, claiming the assessment order was erroneous and prejudicial to the interests of the revenue. The CIT cited several judicial pronouncements, including the Supreme Court's judgment in Malabar Industries, to support the view that an incorrect assumption of facts or law, or an order passed without application of mind, could be deemed erroneous. The CIT argued that the Assessing Officer (AO) failed to conduct proper inquiries into sundry creditors and cash purchases, thus justifying the invocation of Section 263.2. Erroneous and prejudicial assessment order under Section 143(3):The CIT found the AO's assessment order under Section 143(3) to be erroneous and prejudicial to the interests of the revenue. The AO had accepted the assessee's trading results and explanations without adequate inquiry or verification. The CIT emphasized that the AO should have investigated the genuineness of sundry creditors and scrutinized cash purchases more thoroughly.3. Verification of sundry creditors:The CIT noted that the AO did not verify the genuineness of sundry creditors amounting to Rs. 1,90,65,636 and Rs. 42,08,090 as advances from customers. The CIT directed the AO to examine the major creditors, including Abdul Karim Khan, Abdul Wahid, Abrar Khan, and Mohd. Rafeeque, whose total amounted to Rs. 53,26,770. The CIT argued that the AO's failure to verify these creditors rendered the assessment order erroneous.4. Disallowance of cash purchases and expenses:The CIT observed that the AO did not disallow purchases amounting to Rs. 1,39,00,180 made in cash, despite similar disallowances in the preceding and subsequent years. The CIT rejected the assessee's argument that cash purchases were due to the nature of the business (meat processing and trading) and held that the AO should have scrutinized these transactions more rigorously.5. Rejection of books of account under Section 145:The CIT rejected the assessee's books of account under Section 145, citing inflated purchases made in cash. The CIT applied a Gross Profit (GP) rate based on the past three years' results, leading to an addition of Rs. 7,98,553. The CIT directed the AO to issue a fresh demand notice and challan.Tribunal's Findings:The Tribunal found that the AO had examined the assessee's books of accounts, audited reports, and balance sheets on a test-check basis. The AO had observed a slight improvement in the GP and NP rates despite a decrease in turnover. The Tribunal noted that the AO had accepted the assessee's trading results and explanations in previous years and found no defects in the books of accounts.The Tribunal held that the CIT's rejection of the books of accounts and the addition of Rs. 7,98,553 were unjustified. The Tribunal emphasized that mere cash purchases could not be a basis for rejecting the books of accounts, especially when the GP rate was higher than in the previous year. The Tribunal set aside the CIT's order and restored the AO's assessment order.Conclusion:The Tribunal allowed the assessee's appeal, finding that the AO had conducted sufficient inquiries and verification. The Tribunal held that the CIT's invocation of Section 263 was unwarranted and that the AO's assessment order was neither erroneous nor prejudicial to the interests of the revenue. The Tribunal restored the original assessment order passed by the AO.